Ritu Nissan — Cancellation Charges for Booking amt. 5000 where in T&C there no such clause

Address:

Thane, Maharashtra

I was getting repeated calls over period of a month from Mr. Akash Singh of Ritu Nissan, Thane Office for visiting their showroom and to have test drive for “Datsun Go+” So during weekend on Saturday, 26th Sept.’15, I had visited the showroom along with my wife. On reaching there Mr. Akash has told us that they are having carnival & today is the last day of it and for which they had kept an event for promoting the sale such that playing roller dice and whatever numbers comes that amount of thousand will be discounted from on road price of the car. After some time one more senior person Mr. Pramod has joint to Mr. Akash and they had created such a marketing & havoc situation that saying “don’t think so much just book the car now and decide during the week and if you want to cancel it afterwards we will do full refund without any cancellation charges”. They said that normally they take booking amount of Rs.10, 000/- and so but for me will do it in Rs.5000/-. I had buckled under their marketing pressure and given token of Rs. 5000/- cash without even having “Test drive”. There were financial crises for me so during week times I had taken reviews / advice of friends, colleagues, relatives & experts posts and decided to go for cancellation of booking. On Saturday 3rd Oct 2015 we reached the showroom for cancellation where Mr. Krishna Yadav accompanied with Mr. Akash Singh initially refuse to accept the cancellation of booking but finally accepted it and agreed to refund the amount through Cheque after signing of authorized person who visits the office every Wednesday. Even after a week has passed I was not informed about my refund. When I had contacted them then I was told that there will be a cancellation charges which is 1% of ex-showroom price of the car and hence I will get refund of Rs. 240/ only out of Rs. 5000/-.I had again visited the showroom on 17th Oct 2015 to discuss the case with Mr. Pramod and Mr. Akash where they had again initially refused but when I had explain the case and put my points viz., 1. I had not taken delivery of the car. 2. The car is not got registered under my name. 3. The car is not custom made for me. It is a standard product which can be sold to anybody. 4. There no where it is mentioned of that there will be cancellation charges of 1% of Ex-showroom price. 5. In facts in terms & conditions of the company booklet it is clearly mentioned that “In case of cancellation the amount will refunded within 30 days.” After which these people agreed to returns me full amount but even after a week seeing no progress I had called them where they had again returns by their words which they had given me and told me that since you have done payment by cash there will be cancellation charges. I amused to see that how the Ritu Nissan, Thane showroom management were doing the filthy tricks with the descent customers like me. I am being waiting Patiently for resolution to this matter. Now, my patience having run out, I would now approach Consumer Redressal Forum for suitable direction in the matter which should include penalties for No of day delay. Rizwan Y. Chaudhary +91 [protected]a